Omaha daily bee., 1887-08-12
fHE SOUTH PLATTE TROUBLE
Governor Adams, Of Colorado, Says He
Cannot Relieve Nebraska Farmers,
But TIE STATE ASSEMBLY MAY.
Perhap ps Congress viii Be Appealed
TO-Mr. Poppieton's Answer to
Complaints OF Lincoln Mcr-
chants-Capital City News.

O"RhNSA WY ANO"es
FROM THE BEES LINCOLN BUREAU.1
The question of the use of water for
irrigation from the South Platte river in
Colorado, by means Of which Nebraska
settlers IN the western part of the state
on that river are robbed entirely OF water
and the stream remains dry for weeks at
a time, Is exciting more than passing in
teres IN both Colorado and Nebraska,
The letter Of Governor Thayer to Gov
ernor Adams forwarding In detail the
complaints of settlers on the borderiwas
widely commented upon in both states
and the serious nature of the dryin of
the South Platte for the first time gained
general public notice. Governor Th aver
has since writing the letter been giving
the difficulty good deal OF thought, and
while no relief Is discovered the gov
ernor is of the opinion that settlement
will have to be made through congress,
The reply of Governor Adams, of Col
orado, to Governor Thayer is made by
the attorney general of that state, Mr..
Marsh, and is as follows;
DENVER, Col, July 27.-Hon. John M.
Ihayer, Governor OF Nebraska. Dear Sir:
Governor Adams has just handed me your
communication to him of the 22d instant, for
reply.
lie desires me to state that he. has given
the subject to which you allude the thought
1ul consideration which 1t deserves, and that
while he rearets the hardship imposed
Through the agencies you suggest upon the
farmers In the western border Of your stat state
river, yet, as the executive of this state he is
entirely powerless to grant any measures OF
Under the constitution and laws of this
state, the waters of every natural stream can
be appropriated for domestic, agricultural
and manufacturing. purposes, subject to
preference In the order above named, and to
priority Of rights of appropriation for said
several objects.
A system Of irrgating canals and bitches
has sprung uD under the protection OF those
Jaws. involving large outlays of money by
individuals aud corporations, and giving rise
to many important and embarrassing ques-
tiOns In their practical use and development,
which have to be determined by the courts.
In view of these facts, Governor Adams
feels that he can do no more than to give
general publicity to your communicationab by
causing the same to be published in our most
influential and widely circulated journals,
with hope that at its next session our
general assembly (the only power which can
give any adequate itselfl may take up and
consider the question with reference at least
TO the suggestion contained in the letter of
your correspondent, Mr.. Stocking.
With much respect, remain, yours. ETC.,
ALVIN MARSH.
MIR, POPPLETON REPLIES.
In the matter of the complaint of
Plummer, Perry u Co, of Lincoln,
against the Union Pacific on California
through rates, and as filed in the Office
Of the railroad commission, the Union
Pacific has entered q general denial as
follows
The Union Pacific denies that the rates
charged from San Francisco to Omaha and
from Omaha to Lincoln or either of them,
are unreasonable or eXtortionate, but on the
contrary insists that both are reasonable and
the s G hs TIVE rates Is tn es
that during the period In which the ship
ment occurred, section Of the act TO- regu-
late commerce, was suspended by, the ma
tween points situated on the Missouri
river and points situated on the
Pacific ;, coast on account OF water
coast points and points on the man line,
whereby lower rate could be made between
Said points than between either terminus
and points, and that y was
rate of rs cents could be made to Omaha on
the shipment in controversy. Respondent
therefore claims that said rate is not only
the interests of conlplainants and in tho only
form possible
Respondent admits that 1t las not followed
the act Of congress entitled IAN Act to Reg.
plate Commerce" which took effect April s,
1ss7, OF giving TO shippers in Lincoln lower
rate Of freight than at other trade centers
that it is prohibited BY said act
from so doing, that the former rate was dis.
elimination in favor Of Lincoln that cannot
that the railway lines hauling the freight In
controversy to and from the rebilling point
are parties to an unlawful combination and
diserlmination against the clty rIo Of Lincoln l
on the contrary alleges the truth to be that
such lines have heretofore protected the
trade and business of Lincoln, and are still
doing SO to the extent that the laws will per
init
Respondent further submits that the rate
Of freight complained OF Is entire from San
rate: That said freight was reshpped and
rebiled from Omaha to Lincoln solely IN the
interest and for the benefit OF the complain.
ts,a ants and In order i to give them the lowest est
rate relate to and are part OF the cOmmercs
among states, and that therefore your honor
able body has no jurisdiction thereof o. o.
denies the Jurisdiction or power Of
this honorable board to modify
change, fix or establish rate Of freight or
shpSepps I psS Between ditiepent States % and II
any case, Or under any circumstances to con
tr0s. modify. Tx or establish rates for freight
Pr passengers on or over the respondents
the Union Pacific cOmpany's lines.
Mr.. POpplcton therefore asks that the
case be dismissed.
CLOSE CALL FOR LIFE.
Robert r. Love, B. q Nj. freigh
brakeman, had an experience yesterda,
morning at Waveriy that came yer,
nearly costing him his life. HIS trail
left Lincoln at a. IN. bound for Platts
mouth, upon which he was rear brake
man. At Waverly some switching wa
done, and as the work was just close
and the engine and two cars were back
ing down to the main tram Love crosse
IL Ix~EA
In crossing he caught his foot in the fro
and in second saw it was impossible fo
him to get loose. With this state of affair
and the engine and cars rapidly approach
ing, he threw himself between the rail
and was found there after the engine an
cars had passed over him. He had bee
raked and punctured and jammed an
Auris iad sO thara HonlU a NlAOn a